Legal Question in Business Law in New York

Hi,

MY question is this:

I m the shareholder of the L'Erboristeria Ltd located in New York.The other shareholder is my aunt and me and her are the only officers of the company.Through this company we have managed a store in new york for many years,however at a certain point in 2008 she decided to open a Carmen Miraglia Erbe sole proprietorship(Carmen Miraglia is her name,and erbe the name of the store)land she has managed payments and all the rest under this new legal form.Now the department of labor is claiming around 90000 dollars for failing to have paid the unemployement compensation on one of our employee,and i can tell you this is the truth.The suit has been send to the Carmen Miraglia Erbe sole prop and not to the LTD,so my question is this:by considering the fact now the store is managed by another company to which we have sold the store management and our line distribution right in the U.S. and that me and my aunt are now in Italy,can they go after my personal assets to pay off this tax debts the sole proprietorship is liable of?the sole proprietorship has been opened by my aunt and i should not be appearing there,or is there any connection between the fact we are the shareholders of the other ltd?

thanks

Francesco Bianchi


Asked on 6/09/11, 12:48 am

1 Answer from Attorneys
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Unless there is a buy-sell agreement that was executed in 2008, when the "new" entity took over the store, tax filings to evidence the sale of the assets from one entity to the other and/or tax filings with the state by the "new" employer, it is possible that the older entity it still responsible. This is a set of facts that is too complicated to resolve on a discussion board and I highly recommend that you and/or the entity retain an attorney ASAP.

Feel free to contact my office at your earliest convenience to further discuss this matter.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (at) TheLegalist (dot) com

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Answered on 6/09/11, 9:14 am


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